May 2014: FoE threatened by corporate and institutional agendas

In brief

At the end of May 2014, there were at least 76 political prisoners in Papuan jails.

The unprocedural use of firearms by police in Indonesia continues to pose a serious threat to the safety of Papuans. The death of human rights worker Reverend Ekpinus Magal and the serious injuries faced by three local villagers in Moanemani, Timika, (see below), are the results of a lack of restraint among police in Papua. This excessive use of force suggests a lack of training and awareness of obligations under the Indonesian Police Regulation on the Use of Force in Police Action No. 1/2009 and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The impunity which so often accompanies such acts of violence runs throughout police units in Papua, from the Mobile Brigades (Brigades Mobil, Brimob) to district and regional police.

Several incidents this month demonstrated ongoing corporate complicity in the violation of human rights in Papua. The arrest and firing of two men involved in a labour protest against their employer, PT Tandan Sawita Papua, a palm oil plantation company in Kerom Regency, shows that workers who exercise their right to peaceful assembly and expression are punished heavily. Given the company’s lack of commitment to past promises to improve local infrastructure and provide adequate compensation, local human rights analysts questioned the intention of their signing on to the UN Global Compact. Human rights workers also questioned the role of copper and gold mining giant PT Freeport Indonesia in the conflict currently occurring in Timika, which has resulted in multiple deaths. Local reports indicate that the lack of free prior informed consent of customary indigenous land owners is a major factor in the conflict, signalling corporate responsibility in the ongoing unrest.

Students at Cenderawasih University (Universitas Cenderawasih, UNCEN) continue to be targeted by university authorities and Jayapura police. Samuel Womsiwor was arrested this month and continues to be detained, reportedly under the orders of the Third Assistant Rector of UNCEN. Like ex-political prisoner and fellow UNCEN student Yason Ngelia, Womsiwor is part of a critical student collective who has been targeted for arrest, harassment and intimidation. Over the last few months they have spoken out peacefully regarding the unprocedural drafting of the Special Autonomy Plus bill, political prisoners and the Jakarta-Papua dialogue, which has been met by police with intimidation, ill treatment and even torture.

In Merauke, the ongoing detention of two KNPB activists, the interrogation of the Head of the Maklew tribe and the reported torture of two men this month suggests a deteriorating environment of terror and surveillance.

Arrests

The ongoing conflict in Timika that broke out in early February 2014 between the Moni, Amungme and Mee tribes on the one hand and the Dani and Damal tribes on the other has resulted in mass arrests and several deaths. A Majalah Selangkah article dated 18 March reported the deaths of six people due to the conflict and two deaths due to excessive use of force by police. Another article, published on 1 May 2014, reported the deaths of at least eight more people, with one death due to police shootings. 23 people were reportedly detained on 28 April. Due to a lack of accurate information, it remains uncertain exactly how many people have been arrested or killed in the course of the conflict so far.

On 12 May 2014 at 07:15 West Papua time, Steven Itlay, the leader of the Timika branch of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) Timika , and his friend Elimas Selopele, were detained and questioned for an hour at the Jayapura Port by the Port Authority Police (Pos Kesatuan Penjagaan dan Pengamanan Pelabuhan Laut, Pos KP3 Laut). When asked for the reason behind their detention, police reportedly cited Itlay’s suspected activities as a pro-independence activist. Six days earlier, on 6 May, Itlay had issued a statement arguing that Freeport held some responsibility for the ongoing conflict and criticised police authorities for not only failing to find a solution but also for allowing the conflict to continue. Itlay has a history of peaceful political activity and in October 2012, he was arrested alongside five other KNPB members and imprisoned for eight months under Article 106 of the Indonesian Criminal Code for treason, following his involvement in peaceful demonstrations.

Local activists have criticised the police response to the conflict as excessive. Markus Haluk, a Papuan human rights activist, stated in Jubi that the death of human rights defender Reverend Ekpinus Magal was due to the abusive use of firearms by police. Magal was the Head of the Human Rights division at the Foundation for Human Rights and Non-Violence (Yayasan Hak Asasi Manusia dan Anti-Kekerasan, Yahamak), a local NGO. Haluk reported that on 12 March, Magal was gathering data in a conflict area, standing at a distance from the scene of action and taking photographs and notes, when police opened fire. Magal was shot in the chest and died instantly. According to Haluk, police claims that Magal resisted security forces were not true and that people involved in the conflict did not attack or point their arrows at police.

The conflict has caused widespread unrest in Timika, with 11 churches reportedly closed and military presence at an all-time high in the area, leading to further instability. Papuan civil society groups and prominent individuals such as Mama Yosepha Alomang, the director of Yahamak and the Association of Students of the Central Highlands of Papuan Indonesia (Asosiasi Mahasiswa Pegunungan Tengah Papua se-Indonesia, AMPTPI) have called on the Papuan Governor and the police authorities to find a way to resolve the conflict. On 21 May, demonstrators in Timika also called on copper and gold mining giant PT Freeport Indonesia to be involved in solving the conflict.

A report on a local website alleged that the conflict was due to the building of a road from Timika to Wagete, connecting Paniai and Nabire, which was taking place without the free, prior and informed consent of the customary land owners from some relevant tribes. While some tribes had agreed to the building of the roads, others did not, which reportedly gave rise to the current conflict.

Three UNCEN students arrested under instruction of University authorities

On 15 May 2014, three students at Cenderawasih University (Universitas Cenderawasih, UNCEN) were arrested by Jayapura police following a report filed against them by Feddy Sokoy, the Third Assistant Rector of UNCEN. Samuel Womsiwor and Marsel Demotekai were arrested at the secretariat of the Student Executive Body (Badan Eksekutif Mahasiswa, BEM) of the Faculty of Social and Political Sciences (Fakultas Ilmu Sosial dan Ilmu Politik, FISIP) while Stepanus Payokwa was arrested at a dormitory in the Waena campus. The three students were brought to the Jayapura Regional police station. Demotekai stated that while police did not ill-treat them, they were arrested without warrants. Majalah Selangkah reported that during the arrests, police were also searching for student leader and ex-political prisoner Yason Ngelia, as well as other students, who faced similar accusations of vandalism of campus property.

Demoketai and Payokwa were released a few days later on 19 May. According to latest reports, Samuel Womsiwor remains in detention though it is not yet clear what charges he faces. Womsiwor has been a target of police arrests since last November. On 7 November 2013, he was arrested alongside 14 others, including student leader and ex-political prisoner Yason Ngelia, during demonstrations protesting the secretive redrafting of the Special Autonomy Plus bill. All those arrested, in exception of Ngelia, were released when they were forced by police authorities, at the request of the UNCEN Provost, to sign statements promising to cease demonstrations particularly on campus. On 24 April, Womsiwor was also summoned by Jayapura police alongside fellow student Benny Hisage to give witness testimony in relation to the reported beating of security forces during a demonstration on 2 April at which police fired 11 shots and two students were arrested and tortured. Human rights lawyers called this a political move to intimidate students.

While Jayapura police stated that the three students were arrested due to reported damage done to campus property on 13 May, student representatives told Jubi that their arrests were due to internal disagreements regarding the newly appointed Head of the BEM of FISIP. University authorities had reportedly intervened and installed their choice of leader of the BEM. Students criticised the appointment as unprocedural and stated their disappointment at the Assistant Rector’s decision to involve the police. The previous Head of the BEM of FISIP, ex-political prisoner Yason Ngelia, was detained for three months for his role in leading peaceful student demonstrations. On 19 May, UNCEN students held a demonstration on campus calling on university authorities to drop investigations against Womsiwor and for his unconditional release.

Two men fired and arrested in Arso after demonstrating against palm oil company

A report received by the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua (Sekretariat Keadilan Perdamaian dan Keutuhan Ciptaan Fransiskan Papua,SKPKC Jayapura) highlighted the arrests of Alexander Tnesi and Marthen Watory following their involvement in demonstrations against palm oil plantation company PT Tandan Sawita Papua, which operates in East Arso district, Kerom Regency. The two men, who were employed by the company, were also fired without receiving warning letters beforehand.

In the SKPKC report, Tnesi stated that on 25 January 2014, workers demonstrated against PT Tandan Sawita Papua, demanding a wages increase in line with the provincial minimum wage in Papua, as well as protesting against the reduction of working days from six days a week to four, and the possibility of a sizable decrease in monthly wages by ending pay for public holidays. After no response from the company, workers decided to take the demonstration to the provincial Governor’s office in Arso, but were confronted by police from the Arso City police station who dispersed the demonstrators.

Two months later, Tnesi and Watory received summons to report to the police, reportedly under accusations of both men threatening PT Tandan Sawita Papua staff during the demonstration on 25 January. Wartory was arrested on 6 April and Tnesi was arrested two days later. Both men were released on 26 April, only after they were forced to write and sign statements dictated by a police officer. The statement stipulated that the two men would be fired from the company and would not make further demands of the company, or they would face a legal process if they continued to do so.

In a report on PT Tandan Sawita Papua, SKPKC criticized the company’s negligence on promises to improve much needed infrastructure in the area, such as transportation, healthcare, sanitation and education. The company has reportedly failed to adequately compensate the indigenous community for the land it has used to develop palm oil plantations.

Two KNPB activists arrested in Merauke

On 24 May 2014, Ferdinandus Blagaize and Selestinus Blagaize, two activists of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) from Okaba district in Merauke regency were arrested by Okaba District police. Local activists report that the two activists were arrested for possessing a referendum-related document and books on Papuan history that were intended for a socialisation event in their home village of Okaba. The two men remain in detention in Okaba District police station and the charges they face are unknown.

Head of Maklew tribe arrested

Local activists reported the arrest of Elias Moyuwen, the Head of the Maklew People’s Tribal Parliament (Parlemen Rakyat Suku Maklew) on 28 May 2014. He was arrested at his home in Kimam village in Kimam District, Merauke regency by security forces from the Military District Command (Komandan Rayon Militer, Danramil). Security forces also seized a laptop, three flash disks and a document from the Decolonisation Committee Seminar held in Nadi, Fiji. Moyuwen was brought to the Kimam District police station and interrogated for one hour. The confiscated items were not returned to him upon release.

Releases

Three detainees in Kerom civilian arrests case released

The three detainees in the Kerom civilian arrests case have been released, according to a report received by local human rights workers. Yulianus Borotian was released on 19 May while Petrus Yohanes Tafor was released on 27 May. The report stated that Wilem Tafor is to be released on 4 June. The three men were each sentenced to five months’ imprisonment under Article 170 of the Indonesian Criminal Code for violence against property and persons. The three men were initially accused of murdering a police officer who had died in an incident on 13 December 2013, when police had clashed with a group of men who protested their attempts to steal local resources. They were arrested in their homes, and were not involved in the clash.

Political trials and cases overview

Human rights lawyers reported that on 28 May, Piethein Manggaprouw, who was arrested on 19 October 2013, was sentenced to two years in prison after being found guilty of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. Manggaprouw was arrested for his involvement in a peaceful demonstration in Biak commemorating the second anniversary of the Third Papuans Peoples’ Congress.

Seven Sasawa detainees moved to Sorong

Information received from the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported the transfer of seven men arrested in the Sasawa case to Sorong prison as they wait to face trial at Sorong District Court. Septinus Wonawoai, who was previously released but required to report to the police, is now re-detained alongside Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yermias Kapanai in Sorong prison. They were arrested and tortured on arrest during a military raid in Sasawa village targeting members of the armed pro-independence movement, the West Papua National Army (Tentara Nasional Papua Barat, TNPB).

As reported in the April update, the limited information available did not clarify the position of the seven men. However, human rights lawyers from ALDP reported that the seven men are not members of the armed pro-independence movement and are instead ordinary civilians of Sasawa village with regular professions. The seven men face charges of conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and possession of weapons under the Emergency Law 12/1951. Their trial is expected to begin in June 2014.

Prosecutor calls for one-year imprisonment for student demonstrator

Local human rights workers report that the Public Prosecutor in the case of Kristianus Delgion Madai, who was arrested on 3 February 2014 for allegedly smuggling eight 8.4mm calibre bullets, has demanded a one-year prison sentence. Human rights lawyers believe that Madai is being targeted for his peaceful political activities as a student involved in demonstrations in Jakarta. He is facing charges of possession of ammunition under Emergency Law 12/1951.

Jayapura based human rights organisation SKPKC (Sekretariat Keadilan Perdamaian dan Keutuhan Ciptaan Fransiskan Papua), the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua), reported that on 2 May 2014, they received a call from Abepura prison authorities informing them that Stefanus Banal had run out of medication needed in the healing of his broken shin bone. As reported in the April update, Abepura prison authorities have refused to meet their obligations of providing medical care for Banal. Banal’s family is unable to afford the medical costs. Upon receiving the call, SKPKC staff coordinated to buy the required medicine, and handed it over to the medical staff caring for Banal.

Banal sustained severe injuries when he was shot and later arrested during a police raid on 19 May 2013. Since his arrest, he has received inadequate medical treatment and his family have been made to bear all medical costs from injuries he sustained as a result of the excessive use of force by the police.

Cases of concern

Police use excessive force against civilians in Moanemani

A report received from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian and Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI) has described the shooting of three Papuans by Mobiles Brigade (Brimob) forces on 6 May. The incident occurred outside Brimob offices in Moanemani where a crowd had gathered after two teenagers were run down by a speeding truck. 15-year-old Yunsen Kegakoto and 18-year old Jhon Anouw were reportedly on their way to a church service when they were hit by a speeding truck and died instantly. The driver of the truck was reported to have then surrendered himself at the police Mobiles Brigade (Brimob) quarters in Moanemani.

Four hours later, at around 10:00, the family of the victims along with members of the local community gathered outside the Brimob quarters demanding for the driver to be released so that a negotiation could be conducted in line with customary ways (adat). Brimob authorities refused, provoking an emotional response from the crowd who then reportedly threw stones at them and at the Brimob office. Brimob members responded by shooting at the crowd and yelling “those who have guts, come now and show your guts.” The report from KPKC described that “bullets were falling like rain.” Three indigenous Papuans are reported to have suffered serious injuries from the shooting. Yulius Anouw suffered shots to the chest, Gayus Auwe suffered shots to the chest and thigh and Anton Edoway sustained injuries on his thighs. The three men were reported to be in critical condition. In response to the shootings, a group of indigenous Papuans reportedly took revenge by killing an Indonesian from the non-Papuan community (described as “pendatang” or “immigrant”, a term used for ethnically non-Papuan Indonesians who settle in Papua).

Brigadier General Paulus Waterpauw, the Deputy Chief of the Papuan National Police, told Tabloid Jubi that the situation on the ground was sometimes difficult but urged police officers “to act in accordance with the Standard Operations Procedure.” While a preliminary report is said to have been completed, it remains to be seen whether any Brimob members involved in the shooting will be held accountable for their actions.

Merauke police arbitrarily arrest and torture two civilians

Local activists reported two separate accounts of torture in Merauke district. On 10 May 2014, Tadius Yetorok was tortured by two police officers from Merauke City District police. Yetorok was on his way home as he passed by the police station in Merauke city, when he was stopped by the two officers and severely beaten before being dragged into the holding cell of the police station. While in the cell, he was instructed to bow down while being kicked by the two officers who wore jackboots. The officers then proceeded to whip him on the back and head using a hose. Yetorok reportedly suffered serious injuries to the head and deep wounds and cuts on his back. He was then brought to the hospital to clean his wounds, after which he was detained in the holding cell of Merauke City District police station for two days before being released at the request of his family.

The second report of torture was that of Marius Kananggom, who was arrested on 24 May by Merauke Regional police. Police accused him of being involved in a violent crime against a police officer from Boven Digoel Regional police and held him overnight for interrogation. Local activists reported that Kananggom was forced to confess to the crime and was subsequently tortured in the holding cell of Merauke Regional police station by four police officers from Boven Digoel Regional police station. After enduring torture and ill-treatment, Kananggom was driven to Boven Digoel, far from his home in Merauke, which was about 500 kilometres away and left to find his own way back.

News

Civil society groups commemorate 1 May in Jayapura

KNPB members and the heads of the Local People’s Parliament (Parlemen Rakyat Daerah, PRD), who act as representatives of local communities in Papua, gathered outside KNPB offices in Waena to commemorate the 51st anniversary of the administrative transfer of Papua to Indonesia. Speeches were made calling for the boycott of the upcoming Presidential Elections in July. The gathering was heavily guarded by joint military and police task forces. A similar demonstration held by UNCEN students at the university campus in Abepura was dispersed by Jayapura police.

In 2013, 30 demonstrators were arrested during events commemorating 1 May. 18 people from Timika, Biak and Sorong faced varying charges, including that of conspiracy to commit treason and possession of weapons and ammunition. All 18 charged were involved in peaceful events, of whom 11 participated in the raising of the Morning Star flag. Three Papuan activists were killed because of excessive use of force by police in Sorong who fired into a crowd that had gathered for a prayer session commemorating 1 May. 14 Papuans remain behind bars due to involvement in peaceful activities commemorating 1 May in 2013.

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

More than 40 organisations in West Papua, Jakarta and worldwide have brought their analysis on the human rights and conflict situation in West Papua together. The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years. The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN).

Political activist, Oktovianus Warnares was convicted of “rebellion” (makar) in 2013 after peacefully commemorating the 50th anniversary of the handover of Papua to the Indonesian government. He is a prisoner of conscience and should be immediately and unconditionally released.